Kereke applies for bail

HARARE - Jailed former Zanu PF legislator Munyaradzi Kereke has applied for bail pending appeal.

The convicted rapist submitted that he would not flee jurisdiction as he had no means to live outside Zimbabwe since his businesses and family are all in the country.

He is currently serving a 10-year jail sentence after he was convicted for raping his 11-year-old niece at gun point.

In July, Harare regional magistrate Noel Mupeiwa sentenced Kereke to 14 years imprisonment before four were suspended on condition of good behaviour.

Kereke is now being represented by advocate Thabani Mpofu who is instructed by his lawyer Erum Mutandiro as he pursues bail pending his appeal.

The application has been set down for hearing on September 26 before Justice Happious Zhou, awaiting private prosecutor Charles Warara’s response.

“ . . . applicant operates a commercial farm in Chinhoyi and also has interests in a medical facility known as RMC Hospital. He has no external source of income or livelihood and cannot establish himself outside the country given that most of his wealth is locked up in the country as a result of differences he has had with fiscal authorities”, reads part of the application.

Kereke also criticized the magistrates’ court for believing the victim’s testimony against his defence.

“It is submitted with respect that this story is patently nonsensical and not worthy the attention of a court of law. It is a travesty for such a story to yield a conviction.” 

Kereke argues that the statements proffered to the police by the complainants were contradictory and should not have been considered credible by the court.

“In one statement, applicant undressed the victim; in the other he simply lifted the dress. In one statement, after the act, complainant went to her room and slept, in the other she wept all night through,” he said in his bail application.

“ . . . all these key discrepancies were not considered by the magistrates’ court and the fact that the discrepancies prima facie rubbish any suggestion that there was sexual intercourse constitutes a basis upon which applicant has more than a fighting chance on appeal.”

“Applicant’s alibi placed him away from the scene of the alleged crime. That was true for his defence in the first count as well. The court was alive that prosecution had to disprove that alibi. It, however, failed to deal with the implications of that position,” he said.

“The court was also duty bound to consider the ‘political’ angle set by the applicant. It was consistent with the nub of his defence and was not an afterthought as wrongly concluded by the court.”

Comments (3)

The evidence that led to kereke's conviction was too overwhelming. No other court or judge can arrive at a different verdict. They are putting the same defence and line of argument that collapsed in the lower court. There is no chance in hell he can win this.

X-MAN IV - 24 September 2016

The likes of Kereke should never be allowed bail. He should just wait for his appeal to come through while inside. Rape is a serious offence and should be treated as such.

Mai Chibwe - 24 September 2016

ahh ngaazorore mujere. such elements shouldnt roam our streets

klu - 27 September 2016

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